unearthing atrocities: mass graves in territory formerly
TRANSCRIPT
“Unearthing Atrocities: Mass Graves in territory
formerly controlled by ISIL”
UNAMI/OHCHR
6 November 2018
Uncovering a victim of the Camp Speicher massacre in June 2014, Tikrit, Salah al-Din. (Mass Graves Directorate, © 2016)
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1. Introduction
Between June 2014 and December 2017, the ‘Islamic State of Iraq and the Levant’ (ISIL) seized large
areas of Iraq as part of its so‐called Caliphate, leading a campaign of widespread violence and
systematic violations of international human rights and humanitarian law – acts that may amount to
war crimes, crimes against humanity, and possibly genocide under international criminal law.1 To‐
date, over two hundred mass graves, a legacy of ISIL’s terror, have been discovered in areas formerly
controlled by ISIL. They contain the remains of thousands of victims, the majority of whom may never
be identified. These large‐scale crime scenes are sites of harrowing human loss, profound suffering
and shocking cruelty.
Prepared by the Human Rights Office of the United Nations Assistance Mission for Iraq (UNAMI) and
the Office of the United Nations High Commissioner for Human Rights (OHCHR),2 this report highlights
the challenges faced by Iraqi authorities in conducting exhumations, investigations, and identifying
human remains, as well as the challenges faced by relatives seeking to obtain information on the fate
and whereabouts of their missing family members, and, if dead, their mortal remains. In addition, this
report highlights international law and standards relating to Iraq’s obligations to investigate and
prosecute the mass killings that occurred in the context of this conflict and best practices relating to
the protection and examination of mass grave sites, including forensic investigation of mass graves in
support of criminal processes.
At the time of publication, based on information from Iraqi authorities, UNAMI/OHCHR had
documented 202 mass graves sites, the largest numbers located in the governorates of Ninewa (95),
Kirkuk (37) Salah al‐Din (36) and Anbar (24). Current estimates provided to UNAMI/OHCHR range from
6,000 to more than 12,000 victims buried in these sites.3 Victims include women, children, elderly and
persons with disabilities, members and former members of the Iraqi armed forces and police, and
1 See “Accountability and reconciliation key to heal Iraq’s ISIL wounds,” press statement by High Commissioner for Human Rights (11 July 2017); Report on the Protection of Civilians in the context of the Ninewa Operations and the retaking of Mosul city, 17 October 2016 – 10 July 2017, jointly issued in November 2017 by OHCHR and the UNAMI; Report of the Office of the United Nations High Commissioner for Human Rights to the Human Rights Council on the human rights situation in Iraq in the light of the abuses committed by the so‐called Islamic State in Iraq and the Levant and associated groups, UN Doc., A/HRC/28/18 submitted to the Human Rights Council on 13 March 2015. 2 Security Council Resolution 2421 (2018) mandates UNAMI to “promote accountability and the protection of human rights, and judicial and legal reform, in order to strengthen the rule of law in Iraq, in addition to supporting the work of the investigative team established in resolution 2379 (2017).” 3 This includes only those mass graves where estimates were available. The overall number of victims cannot be determined until all remains are officially exhumed.
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some foreign workers. To date, 28 mass graves have been excavated by the Mass Graves Directorate,
with four in Diyala, one in Ninewa and 23 excavations in Salah al‐Din. In total, the remains of 1,258
bodies have been exhumed from these sites by the Mass Graves Directorate.
Any contamination and disturbance of mass grave sites could compromise their evidential value
thereby undermining attempts to ensure justice and accountability. It is critical that the integrity of
mass grave sites be maintain as they potentially contain significant sources of evidence which can be
used for criminal prosecutions.
Determining the circumstances surrounding the significant loss of life will be an important step both
in the mourning process for families and their journey to secure justice. Undertaking all appropriate
measures regarding excavation, exhumation and identification, based on best practices and
standards, including the meaningful protection of these sites, will serve the broader obligation of the
Government of Iraq to ensure the rights to truth, justice and reparations for the families of the dead
and missing, and for all affected communities. This report provides recommendations on measures
necessary to achieve these objectives in an effective manner.
2. Methodology
While there is no definition of the term ‘mass grave’ in international law, it is commonly understood
to refer to a site containing a multitude of buried human remains.4 Under Iraqi national law, ‘mass
grave’ is defined as “land or location containing the mortal remains of more than one victim, who were
buried or hidden.”5
This report concerns those mass graves found in territory formerly controlled by ISIL and reported to
UNAMI/OHCHR by a number of sources including: the Mass Graves Directorate of the Martyrs
Foundation, the lead Iraqi entity responsible for mass graves, the Ministry of Defence and the Ministry
of Interior of Iraq, the Kurdistan Regional Ministry of Martyrs and Anfal Affairs, local authorities at
governorate and district level, the International Commission on Missing Persons (ICMP), and
information based on UNAMI/OHCHR’s network of contacts across Iraq. Incidences of killings where
4 For instance, international humanitarian law refers to ‘grave,’ ‘gravesite,’ ‘other locations of the remains of persons’ or ‘collective graves.’ See Articles 130 of the Geneva Convention relative to the protection of civilian persons in time of war of 13 August 1949 (“Geneva Convention IV”), 34 (2) of Additional Protocol I of 1977 to the Geneva Conventions of 12 August 1949 (“Additional Protocol I”), and Rules 115 and 116, International Committee of the Red Cross, Customary International Humanitarian Law. 5 See Article 2, Law No. 13 of 2015, Affairs and Protection of Mass Graves Law, amending Law No. 5 of 2006, Protection of Mass Graves.
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remains were discovered in houses and elsewhere, and the bodies subsequently not buried are not
included in this report.
3. Background
Although this report focuses on mass graves resulting from atrocities perpetrated from 2014‐17, mass
graves have been present in Iraq since before the rise of ISIL in 2014. In the 1980s and 1990s, Kurdish
parties in the north and Shiites in the south challenged then‐President Saddam Hussein’s authority
and were met with brutal violence. Tens of thousands were killed with many buried in dozens of mass
graves spread throughout Iraq.6 Following the overthrow of Saddam Hussein, hundreds of mass grave
sites were discovered, and continue to be found.7 Additionally, a total of 371 individuals (Kuwaiti and
third‐country nationals) remain missing from the first Gulf War, believed to be buried in the southern
parts of Iraq.8
From the beginning of 2014 until the end 2017, UNAMI/OHCHR recorded almost 30,000 civilians killed
and 55,150 injured in Iraq as a result of the conflict with ISIL. These figures should be considered an
absolute minimum. United Nations human rights reporting during this period found that ISIL had
committed systematic and widespread violence and abuses of international human rights law, and
violations international humanitarian law, acts that may amount to war crimes, crimes against
humanity, and possibly genocide.9
In areas controlled by ISIL, thousands of civilians were killed and abducted, often in a systematic and
targeted manner. Victims include those who were perceived to be opposed to ISIL’s ideology and rule;
individuals affiliated or deemed to have been previously affiliated with the Government of Iraq, such
as former public officials and electoral workers; professionals, such as doctors and lawyers; journalists;
tribal and religious leaders; and female political candidates. Others were abducted and/or killed on
the pretext of aiding or providing information to Government security forces or for their perceived
sexual orientation. Many people were subjected to adjudication by ISIL’s self‐proclaimed ‘courts’
which ordered the killing of countless people and imposed other illegal punishments. There are
6 Eric Stover, Miranda Sissons, Phuong Pham and Patrick Vinck, “Justice on hold: accountability and social reconstruction in Iraq” Volume 90 Number 869 International Review of the Red Cross March 2008, 5. See p. 10. 7 According to the Iraqi Mass Graves Directorate, the most recent discovery of a Saddam Hussein‐era mass grave was on 27 April 2018 in Ali‐al Garbi in Missan Governorate. 8 Iraq‐Kuwait Tripartite Mechanism: Review Project 2017. See p. 6. Despite continued search efforts, no human remains have been recovered since 2004. 9 See note 1.
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numerous examples of public killings by ISIL, including by shooting, beheading, bulldozing, burning
alive and throwing persons off the top of buildings. Many people remain missing, some are presumed
dead, others are believed to remain in ISIL captivity or to have been trafficked out of Iraq.
ISIL also pursued a campaign of violence against members of ethnic and religious communities,
including Christians and in particular the Yazidi community.10 In areas under its control, ISIL engaged
in mass killings, rapes, kidnappings, detentions and mass abductions, torture and forced conversions,
and the enslavement and sex trafficking of women and girls from minority religious communities. At
the time of publication, the Directorate of Yazidi Affairs within the Kurdistan Region Ministry of
Endowment and Religious Affairs reported to UNAMI/OHCHR that some 3,117 Yazidis were believed
to remain in ISIL captivity (1,452 women, including girls and 1,665 men, including boys).
4. Legal Framework
International law and standards
The existence of mass graves gives rise to several obligations upon the Government of Iraq derived
from international human rights law and international humanitarian law—both treaty and customary
international law, as well as international criminal law.11 These obligations include, inter alia, a duty
(a) to investigate, prosecute and punish those accused of serious rights violations; (b) to search for
and identify the dead; (c) to reveal to victims and society at large all known facts and circumstances
of past violations and abuses; (d) to provide victims with appropriate reparations, including measures
for restitution, compensation, rehabilitation and satisfaction; and (e) to ensure repetition of such
violations and abuses is prevented.
10 See Report of the Office of the United Nations High Commissioner for Human Rights on the human rights situation in Iraq in the light of the abuses committed by the so‐called Islamic State in Iraq and the Levant and associated groups, UN Doc., A/HRC/28/18 submitted to the Human Rights Council in March 2015. Sources estimate that between 2,000 and 5,500 Yazidi have been killed by ISIL since 3 August 2014. According to a local authority, approximately 6,386 Yazidi were abducted by ISIL members on or after 3 August 2014 (3,537 females and 2,859 males). By mid‐May 2016, 2,587 Yazidi had reportedly managed to escape ISIL captivity (934 women; 325 men; 658 girls; and 670 boys). 11 Iraq is a State party to the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on Enforced Disappearances and the four Geneva Conventions of 1949 (including Geneva Convention IV).
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The four Geneva Conventions of 1949 and their Additional Protocols of 1977 contain specific
provisions specifically on dealing with mortal remains and graves.12 Parties to the conflict are obliged
to respect international humanitarian law, including customary law applicable to non‐international
armed conflicts. Such norms, among others, prohibit outrages upon personal dignity;13 the prohibition
of cruel and inhuman treatment;14 the prohibition against enforced disappearance;15 and the
prohibition of collective punishment.16 International humanitarian law also underlines the obligation
of parties to the conflict to search for those who may be missing or dead during or after a conflict, to
facilitate the reunification of families, and to inform individuals of the fate of their relatives.
The ICRC has issued guiding principles and a model law on the missing, that outline principles for the
protection of mass graves, placing the burden on the State to provide the necessary information to
families about those presumed missing or dead.17 The International Convention for the Protection of
All Persons from Enforced Disappearance 18 references the right to truth, and related requirements of
sustained investigation into acts of enforced disappearance and the prosecution and punishment of
such acts. It also stipulates that States that are parties to the Convention must inform victims of the
‘truth regarding the circumstances of the enforced disappearance, the progress and results of the
investigation and the date of the disappeared person’ and provide reparation.19
Similarly, in 2006, the United Nations General Assembly adopted the UN Basic Principles and
Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International
Human Rights Law and Serious Violations of International Humanitarian Law.20 The resolution states
that victims and their representatives should be entitled to seek and obtain information on the causes
leading to their victimization, and on the causes and conditions pertaining to the gross violations of
international human rights law and serious violations of international humanitarian law, and to learn
12 Iraq is not a signatory to Additional Protocols I and II of 1977, to the Geneva Conventions of 12 August 1949, (“Additional Protocol I” and “Additional Protocol II”) though ICRC considers many of its provisions customary international rules. 13 Geneva Conventions 1949 I‐IV, Article 3 (1) (c), and Additional Protocol II, Article 4(2)(e) and Rule 90, ICRC, Customary International Humanitarian Law. 14 Geneva Conventions 1949 I‐IV, Article 3 (1), and Additional Protocol II, Article 4(1). 15 Rule 98, ICRC, Customary International Humanitarian Law. 16 See, for instance, Additional Protocol II, Article 4(2)(b) and Rule 103, ICRC Customary International Humanitarian Law. 17 See ICRC, Advisory Service on International Humanitarian Law, “Guiding Principles/Model Law on the Missing,” International Committee of the Red Cross (2009). 18 G.A. res. 61/177, A/RES/61/177, (20 December 2006). The International Convention for the Protection of All Persons from Enforced Disappearance entered into force for Iraq on 23 December 2010. 19 See Article 24 (2) and (5). 20 UN Doc., A/RES/60/147 (21 March 2006).
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the truth with regard to these violations and abuses. This resolution defined ‘victims’ as including the
immediate families of the missing.21
National law
In 2006, Iraq enacted Law No. 5 On the Protection of Mass Graves, which is dedicated to the protection
of mass graves ‘that resulted from crimes committed by the past regime.’ It aimed at protecting such
sites from unauthorized disturbance; to provide for investigations; to preserve and protect evidence
so as to identify victims; and, to identify perpetrators. In 2015, this law was amended to expand the
temporal jurisdiction to crimes committed after 2003 and to specify what the ‘protection, inspection
and investigation’ of mass graves entails.22
In 2007, instructions were enacted to establish, under the authority of the Mass Graves Directorate,
a database to record mass grave sites and gather information on victims.23 The Mass Graves
Directorate, charged with overseeing the preservation, protection and documentation of mass graves,
fell under the authority of the Ministry of Human Rights until that ministry was abolished in 2015.
Later in 2015, the Mass Graves Directorate was placed under the authority of the Martyrs Foundation,
which was established to provide support, financial and social, to those individuals designated by the
Foundation as martyrs of the Saddam Hussein regime. Victims of ISIL, including those killed or injured
or who suffered damage from ISIL, as well as their families, are also entitled to compensation under
Iraqi law.24
5. Mass Graves in Iraq
At the time of publication, UNAMI/OHCHR compiled information from various sources, including Iraqi
authorities, and documented reports of 202 mass graves sites, with the largest number located in the
governorates of Ninewa (95), followed by Kirkuk (37), Salah al‐Din (36) and then Anbar (24), with
21“Victims are persons who individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute gross violations of international human rights law, or serious violations of international humanitarian law. Where appropriate, and in accordance with domestic law, the term “victim” also includes the immediate family or dependents of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization.” See para. 8, Ibid. 22 Law No. 13 of 2015, Affairs and Protection of Mass Graves, amending the Law on the Protection of Mass Graves (2006). 23 Law No. 1 of 2007, Instructions on the Facilitation of the Implementation of the Law on the Protection of Mass Graves (2006). 24 See the Law on Compensation of the Victims of Military Operations, Military Mistakes and Terrorist Actions No. 20 of 2009 as amended in 2016 by Law No. 57 of 2015, Articles 1‐11.
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others found in Babil and Baghdad governorates. The overwhelming majority of these graves are
reported to contain the remains of victims of crimes perpetrated by ISIL. These figures should not be
considered exhaustive as mass graves may continue to be discovered. The Mass Graves Directorate of
the Martyrs Foundation informed UNAMI/OHCHR that, to date, exhumations have led to the recovery
of 1,283 remains.
The first mass grave containing alleged victims of ISIL was discovered on 9 September 2014 in the
village of Bardi in Ninewa Governorate, on the road to the Mosul Dam. It contained the bodies of 14
civilians believed to be Yazidi (10 men, three children and one woman). Over the course of the
following three years, and with the retreat and eventual defeat of ISIL, mass graves containing the
remains of an increasingly high number of victims would be discovered. Based on information
available to UNAMI/OHCHR, the majority of these sites have not yet been excavated; some are
secured by the presence of Iraqi armed forces; some have been enclosed by fencing; and some are
contaminated by the presence of explosive devices.
Ninewa Governorate
As noted, the vast majority of mass grave sites and victims were discovered in Ninewa Governorate,
where ISIL maintained its longest presence, and which was the scene of some of the fiercest fighting.
As at the time of publication, 95 mass grave sites have been found in Ninewa Governorate, containing
an estimated number of victims, ranging from 4,000 to 10,500.25 The majority of the sites are in close
proximity to Mosul, the largest city to be controlled by ISIL until 2017, and in the area of Sinjar district,
which is predominately inhabited by members of the Yazidi community. The smallest mass grave was
discovered on 24 January 2018 in west Mosul, containing the bodies of eight civilians. The largest is
believed to be the “Khasfa sinkhole” in al‐Khasfa, south of Mosul, discovered on 24 February 2017.
Government authorities believe that up to 4,000 persons have been killed and disposed of at this site.
On 13 April 2017, it was reported to UNAMI/OHCHR that between 450 and 550 victims had been found
in two locations in the same area in Hamman al‐Alil sub‐district. Some of the victims are believed to
be from the Iraqi Security Forces (ISF). A combined total of 800 detainees of the Badoush Prison were
also killed and discovered in two mass graves, one found on 22 November 2014 and another on 25
August 2017. The circumstances surrounding these killings were set out in a 2015 United Nations
report, which explained that after the prison guard fled the area, “prisoners were separated into
25 This range emanates from sources within the national and local governments, as well as non‐government organizations.
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groups according to their ethnic or religious affiliation. Sunnis were freed, while others, mainly Shi’a,
were loaded on trucks, driven to a nearby ravine and shot.”26 Sunnis who were affiliated with the ISF
or the ‘Awakening Councils were also executed.27
UNAMI/OHCHR received reports that mass graves had been discovered across Sinjar district, as well
as in areas of Tel Afar and Mosul districts of Ninewa Governorate. The geographic locations of these
mass graves reflect areas populated by the Yazidi in Ninewa and areas to which they fled as ISIL
advanced, waging a systematic campaign to destroy the Yazidi population. ISIL referred to the Yazidi
as mushirkin – ‘those who commit the sin of idolatry/paganism (shirk).’28 Sites containing mass graves
in these areas have been found in the following villages: Zummar, north‐west of Mosul, Al‐Jadaa, a
neighborhood of Mosul, in the Solagh area, east of Sinjar city, Hardan, in Sinjar district, in Kocho, also
in Sinjar district, and Qene Ruke, south‐west of Sinjar city.
To‐date, Ninewa is the only governorate where a mass grave was found containing foreign workers.
On 18 June 2014, in Mosul, 39 foreign workers from India were abducted by ISIL. On 28 December
2017, a mass grave was discovered in west Mosul. On 19 March 2018, following an investigation by
the Mass Graves Directorate, the Government of India confirmed the DNA of 38 bodies found in the
mass grave to be those of the missing Indian workers. On 29 April 2018, the Mass Graves Directorate
informed UNAMI/OHCHR that the thirty‐ninth body had been identified through DNA analysis.
Kirkuk Governorate
Thirty‐seven mass graves have been identified in Kirkuk Governorate, including 27 located in the al‐
Bakarh area in Hawija district and discovered on 30 October 2017 following the liberation of the
district. To date no excavations have taken place in this area. Additionally, a series of mass graves
were discovered in early October 2017, in and around Hawija city, west of Kirkuk, and are believed to
contain approximately 400 bodies.
26 See “Accountability and reconciliation key to heal Iraq’s ISIL wounds,” press statement by High Commissioner for Human Rights (11 July 2017); Report on the Protection of Civilians in the context of the Ninewa Operations and the retaking of Mosul City, 17 October 2016 – 10 July 2017, jointly issued in November 2017 by OHCHR and UNAMI; Report of the Office of the United Nations High Commissioner for Human Rights to the Human Rights Council on the human rights situation in Iraq in the light of the abuses committed by the so‐called Islamic State in Iraq and the Levant and associated groups, UN Doc., A/HRC/28/18 submitted to the Human Rights Council on March 13, 2015. 27 Ibid. 28 See A Call for Accountability and Protection: Yazidi Survivors of Atrocities committed by ISIL, OHCHR/UNAMI, August 2016.
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Salah al‐Din Governorate
To‐date, 36 mass graves have been found in Salah al‐Din Governorate containing thousands of victims.
On 12 June 2014, on the grounds of the former Presidential Palace of Saddam Hussein in Tikrit, ISIL
killed approximately1,700 members of the Iraqi Security Forces and army cadets. These killings
became known as the “Camp Speicher massacres.” Between 2015 and 2017, victims were discovered
in 15 mass graves in areas around the former Presidential Palace. According to the Medico‐Legal
Directorate, 1,153 bodies have been recovered and over 704 victims identified. On 21 March 2018,
the 16th mass grave was discovered on the grounds of the former palace. On 2 April 2018, 159 bodies
were exhumed from that site. According to authorities most of the victims appeared to be wearing
civilian clothing and are believed to be army cadets.
The Government of Iraq has devoted a considerable amount of human and financial resources to the
excavation and exhumation of the mass graves at Camp Speicher and to the identification of the
victims. Information gathered at these sites formed the basis for the investigation, prosecution and
conviction of a large number of defendants in 2016 and 2017, resulting in at least 91 death sentences
and 35 executions carried out.29 More trials are expected to take place in relation to the Camp
Speicher massacres.
Elsewhere in Salah al‐Din Governorate other mass graves sites were discovered between 2014 and
2017, many of which have not yet been excavated. This includes the discovery of two old water wells,
located in the village of Ethribbean, north of Tikrit, which according to authorities contains the remains
of an undetermined number of victims allegedly killed and then dumped into the wells by ISIL in 2015
while they controlled the area.
Anbar Governorate
To‐date, 24 mass graves have been found in Anbar Governorate, many containing both civilians and
ISF personnel. It is estimated that these graves may contain up to 628 victims. On 20 October 2014,
members of the Iraqi army discovered a mass grave near Fallujah containing the bodies of 19 civilians,
believed to be between 17 and 18 years of age. Three mass graves believed to contain the bodies of
more than 200 members of the Albu Nimr tribe, a Sunni tribe that refused to cooperate with ISIL, were
29 See UNAMI/OHCHR reports: Human Rights in Iraq: January–June 2016; Report on Human Rights in Iraq July to December 2016; and Report on Human Rights in Iraq July to December 2017. On the question of the death penalty, see UN Secretary‐General report (A/HRC/39/19).
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discovered on 30 October 2014 north of Ramadi.30 On 19 April 2016, ISF reportedly discovered 3 mass
graves south of Ramadi containing the remains of civilians, ISF personnel and ISIL fighters.
Other governorates
In Diyala, 4 mass graves have been excavated leading to the identification of 14 victims. In the
Governorate of Babil 5 mass graves have been found thus far and are believed to contain up to 65
victims (men, women and children). The largest grave was found in the Jurf al‐Sakhr, in the northern
part of the governorate. In Baghdad, 1 mass grave was found in 2015 in the al‐Fahama district,
believed to contain 14 male victims.
6. United Nations Guidance and Best Practices
The United Nations has considerable experience investigating mass graves in Bosnia and Herzegovina,
Kosovo, Timor Leste and Rwanda, where United Nations teams were fielded often under the authority
of a chief prosecutor. Additionally, OHCHR has also been involved in examining mass graves in
Afghanistan, Liberia and the Democratic Republic of the Congo. In some instances, exhumations were
performed in cooperation with other entities including Physicians for Human Rights, the International
Commission for Missing Persons and the Equipo Argentino de Antropología Forense. In Bosnia and
Herzegovina and Rwanda, the expertise included teams of pathologists, anthropologists, archeologists
and scene of crime officers.
At The Missing: International Conference of Governmental and Non‐Governmental Experts held in
2003,31 participants, including the ICRC and OHCHR, adopted by consensus a series of observations
and recommendations with respect to missing persons. The recommendations regarding the
management of human remains and of information on the dead, emphasized that before beginning a
process of exhumation and identification, a framework should be agreed upon by all those concerned
ensuring: the establishment of protocols for exhumation, post‐mortem data collection, autopsies and
identification based on scientifically valid and reliable methods and technologies and/or customary,
clinical or circumstantial evidence that are deemed appropriate and which have been previously
adopted by the scientific community; appropriate means of associating the communities and the
30 The Albu Nimr may also have been targeted because their tribesmen joined the army and police since 2003. 31 See https://www.icrc.org/eng/assets/files/other/themissing_conf_03.2003_en_90.pdf (date accessed: 2 September 2018).
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families in the exhumation, autopsy and identification procedures; and procedures for handing over
the human remains to the family.32
In 2010, the Advisory Committee of the United Nations Human Rights Council released a report on
best practices on the issue of missing persons,33 providing guidance on exhumation, collection,
transportation, storage and burial of the dead as well as mapping and preserving burial sites.
Additional lessons from various field experiences suggest a critical requirement is the need to appoint
a person or entity to be in overall charge of the exhumation, including the collection and examination
of all evidence relating to the commission of crimes and the identification of victims.34 The primary
goal of this person or entity should be to design and implement a fair and competent system for
investigating mass grave sites.35 A flawed system could risk undermining subsequent efforts to
effectively investigate related crimes and prosecute and punish perpetrators.
The core tasks at these sites would be site assessment, survey, excavation, collection of evidence and
post‐mortem examinations.36 Core expertise would include, as relevant, forensic anthropologists,
forensic archaeologists, crime scene managers/investigators, forensic dentists, evidence officers,
forensic pathologists, photographers, security personnel, surveyors and explosives experts.37 In
addition to the forensic team, and subject to local legal practice, investigating judges, prosecutors and
police may also be present during evidence gathering at sites. Investigators should also be trained in
pre and post‐mortem data collection techniques and in engaging with families of the missing and
affected communities.
7. Practices Followed by Iraqi Authorities
Implementation of Law No. 5 On the Protection of Mass Graves (2006) is facilitated through the
creation of a commission, led by government officials, judicial actors (a judge, a public prosecutor, and
a police officer), forensic experts, representatives of the Martyrs Foundation, and a representative
32 Ibid., p. 63. 33 Progress Report of the Human Rights Council Advisory Committee on best practices on the issue of missing persons, UN Doc. A/HRC/14/42 (22 March 2010). 34 See Mark Skinner and Jon Sterenberg, Turf Wars: Authority and responsibility for the investigation of mass graves (2005) 151 Forensic Science International, 221, 222; Mark Skinner, Djordje Alempijevic and Marija Djuric‐Srejic, Guidelines for International Forensic Bio‐archaeology Monitors of Mass Grave Exhumations (2003) 134 Forensic Science International. 35 Ibid. 36 Ibid. 37 Ibid.
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from each of the Ministry of Martyrs, Anfal Affairs in the Kurdistan Region of Iraq, and the Iraqi High
Commission for Human Rights.38 This commission is tasked with issuing decisions to open mass graves;
returning identified remains to family members; and collecting forensic evidence.
Once it has been decided to investigate a mass grave, the Mass Graves Directorate is charged with
opening, inspecting, and identifying mortal remains and documenting what was found. The Mass
Graves Directorate will then develop a map of the area, followed by the opening of a file that contains
background information on the site, witness testimony, if any, photographs and a record of the
location through GPS grid referencing. The Mass Graves Directorate has a technical team that is
assigned to a scene, which is overseen by a crime scene manager, and joined by a forensic expert, an
archaeologist, a photographer, and an expert in IT (database manager). The Mass Graves Directorate
is supported by the Medico‐Legal Directorate, which provides expert services relating to anthropology,
autopsies and DNA testing of victims/remains recovered from mass graves.
In meetings with UNAMI/OHCHR, the Mass Graves Directorate noted they only had 43 staff including
11 administrative support staff, which they consider insufficient to address the current scale of needs
Other limitations to its work were also highlighted: insufficient storage space for the human remains;
considerable risks due to insecurity in some areas and the presence of unexploded ordnance; dated
and insufficient equipment (notably excavation machinery); and lack of essential materials (e.g.
gloves, masks, and other protective equipment) to excavate grave sites.
In its meetings with UNAMI/OHCHR, staff of the Mass Graves Directorate noted that it has only
engaged in criminal judicial processes in one case. In the Camp Speicher investigations, the
investigative judge requested that the Mass Graves Directorate prepare a file on its findings. However,
its personnel did not testify in any legal proceedings. The Mass Graves Directorate is unaware of any
other mass grave site that is the subject of a criminal investigation though they consider all discovered
mass grave sites to be crime scenes.
Given their limited capacities and security considerations, both the Mass Graves Directorate and
Medico‐Legal Directorate are prioritizing the examination of mass grave sites found in Sinjar, Badoush
and Camp Speicher, which contain high numbers of victims and can be accessed more easily than
other sites given the security situation in these areas. Of particular concern to these two entities is
how to undertake the excavation and exhumation of large, complex sites such as the “Khasfa
38 These are called “Committee 6” committees.
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sinkhole”, discovered in February 2017. The Medico‐Legal Directorate informed UNAMI/OHCHR there
may be up to 4,000 victims dumped in the sinkhole, with other entities reporting even more victims.
There is limited technical understanding regarding how to remove such a significant number of bodies,
particularly given the fact it is suspected that the site is heavily booby‐trapped.
Regarding Sinjar, the Mass Graves Directorate has stated that 67 mass grave sites have been identified.
Of these, two sites will be explored from November 2018. The Mass Graves Directorate, conscious of
the demands of families of the missing is determined to ensure that they are kept informed of
developments including when excavation, exhumation and identification processes are launched.
8. Challenges in Iraq
Excavating the mass grave sites in Iraq will pose significant challenges: humanitarian, forensic and
security‐related.
A primary challenge to exhuming mass graves remains the prevailing security situation in many parts
of Iraq. In several areas where ISIL remains active—particularly in Anbar, Ninewa and Salah al‐Din
governorates—their continued presence may inhibit the ability of investigators to access sites and to
carry out their work unhindered. Additional security may be required to carry out long‐term
investigations of mass graves. It may not be possible to investigate some sites.
Based on experiences from similar settings as Iraq, an important consideration during the excavation
of suspected mass graves is the presence of explosive hazards. According to the United Nations Mine
Action Service (UNMAS), given the extensive use of improvised explosive devices by ISIL in Iraq, and
experiences from other countries, it is likely that some of the mass grave sites are contaminated with
explosive hazards requiring clearance. Based on known ISIL practice, UNMAS believes that pressure‐
activated devices, possibly fitted with anti‐lift devices and connected to a main charge of 10‐20 kilos
of homemade explosives contained in metal or plastic containers, may contaminate mass graves.
Improvised explosive devices would be expected to be hidden underground thus requiring the use of
metal detectors. Yet, according to UNMAS, the use of metal detectors would be challenging as such
sites are expected to have medium to high metal contamination from items previously worn by the
individuals in the graves. Furthermore, human remains have been located in Mosul that are fitted with
suicide belts and vests, including bodies that have the appearance of women and/or children.
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Exhumation of such sites will require the presence of explosive hazard management experts to
prevent accidents, and, where necessary, conduct clearance.
Identifying individuals in the mass graves will be paramount for a criminal investigation and to return
the remains to families. Successful identifications will most likely rely on DNA from victims and
relatives, as well as clothing and documentation such as medical records (dental and health). In some
cases, there will be no known DNA available for testing. One challenge in this regard is the fact that,
over time, crime scenes change. The circumstances in place at the time of death could be different
from when a mass grave is discovered and investigated. The passage of time could transform the
appearance of the site and degrade its contents – factors to bear in mind include the season, the
temperature, and the presence of scavengers (human or animal) or perpetrators removing or
destroying evidential material. In addition, family members may try, in good faith, to retrieve the
remains of their loved ones, thereby inadvertently tampering with the sites and interfering with
evidence.
Still, mass graves may contain an enormous amount of data that has forensic significance. For
example, the number of bodies; the sex, age and ethnicity of victims; the type of wounds and the
nature of the killing; the number of shell casings or other relevant objects; whether the site contains
civilians only or executed prisoners, ISIL fighters, members of the security forces or multiple types of
victims; and what type of clothing was discovered, to name a few. Such insights could provide
investigators with the “big picture” of what occurred at the scene including whether the victims were
killed on‐site.
A significant challenge for families of the missing is the multiplicity of entities they must report to in
order to get relevant departments to take action. The following chart, provided by the Mass Graves
Directorate, highlights the various actors that families of victims must report to in order to; a) notify
government that their relatives are missing, and b) try to determine their fate.39
39 Communication from Mass Graves Directorate to UNAMI Human Rights Office, 11 October 2018.
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Based on the above chart, families of victims must report to more than five State entities to complete
the legal requirements to establish the fate of a missing person. They include law enforcement, the
judiciary, the ministries of justice and health and the Martyrs Foundation. Numerous forms have to
be filled in, three sources of DNA need to be obtained per missing person and relevant police stations
and courts have to be approached to ensure missing persons are not in custody. According to the Mass
Graves Directorate, this process is both time consuming and a great source of frustration for families
who have already been severely traumatised by their loss. The current system places an onerous
burden on families who may already be severely traumatized and under considerable stress.
Another challenge, faced by staff working in the field of research, excavation, crime scene
management and forensic photography, is that under the current system they operate in silos with
little access to information or knowledge of international best practices, including from countries with
similar experiences to Iraq. This is compounded by financial constraints.
Families of victims
Families must file a complaint/report to police station (Ministry of Interior).
Families must appear before investigative judge for authentication of their statements and issuance by the court of
a judgment (High Judicial Council).
Families must request Iraqi Reform Directorate (Ministry of Justice) to search
and determine if missing persons are in state custody.
Families must announce - in local newspapers - relative is missing.
Families must visit Martyrs Foundation (Mass Graves Directorate) to complete
missing person form and follow up mass graves search results.
Families must visit the Medical Legal Institute (Ministry of Health) to provide blood samples to confirm the identify and resolve the fate of
missing relatives whose remains may be in mass graves.
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One central body to handle all issues concerning missing persons could address some of these
challenges, removing the burden currently placed on families and expedite the entire process.
9. Conclusions
Meaningful truth and justice for the victims of the conflict with ISIL and their families requires, among
many other aspects, the appropriate preservation, excavation and exhumation of mass graves sites
and the identification of the remains of the many victims and their return to the families. This report
has highlighted that at least 202 reported mass grave sites have been discovered since 2014 in
territory formerly controlled by ISIL and it is anticipated that more graves may be discovered in the
coming months and, perhaps, years.
Mass grave sites could potentially contain critical forensic material that may not only assist in the
identification of victims’ remains, but also build an understanding around the scale of abuses and
violations that occurred and support the process of determining whether the acts that led to these
mass graves amount to war crimes, crimes against humanity or genocide. The evidence gathered from
these sites will be central to ensuring credible investigations, prosecutions and convictions, in
accordance with international due process standards. Exhumations not in line with international
standards and best practice could lead to the destruction or loss of critical evidence and complicate
the identification of bodies, thereby extending the grief of affected families and undermining their
right to truth, justice and reparations.
As highlighted in this report, Iraqi authorities have faced profound challenges in undertaking
excavations, exhumations and identifications. Given the number and size of mass graves discovered
to date, the task ahead is daunting. Support from the international community in terms of expertise,
particularly on dealing with explosive devices, as well as technical capacity support and appropriate
streamlining of funding, will be essential.
Criminal investigations and prosecutions will play only one part in telling the whole story of the
atrocities that led to these mass graves. These crime scenes raise broader justice dynamics, including
the need to ensure a historical record of what occurred in these locations, memorialize these sites,
and, where feasible, identify victims. The promotion of truth, justice and reparation with guarantees
of non‐recurrence will be critical to ensuring a full reckoning for ISIL atrocities. This in turn could
contribute to lasting peace. Victims and their families deserve nothing less.
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10. Recommendations
UNAMI/OHCHR recommends that the Government of Iraq:
Preserve and Protect Mass Grave Sites
a. Undertake a multidisciplinary approach to recovery operations with the participation, as
necessary, of experienced specialists including weapons contamination and explosives
experts, geographic information system and mapping specialists, archaeologists,
anthropologists, photographers, crime scene investigators and evidence officers.
b. Establish an efficient centralized information portal to analyze and safeguard all available data
and information within a secured and searchable platform.
c. Ensure training on recovery operations including identification, excavation, exhumation and
investigation of mass graves.
d. Provide risk education to all those involved in recovery operations in order to increase the
possibility of early detection and reporting of suspected explosive hazards.
Ensure a victim‐centered approach
a. Undertake all appropriate measures to address the rights of victims to truth, justice and
reparations, including by:
i. Ensuring information gathered as a result of mass grave investigations is
expeditiously made available to judicial investigating authorities to facilitate
prosecutions in accordance with international standards.
ii. Establishing a public, centralized registry of missing persons that family and
community members can both contribute to and refer to for information.
iii. Establishing a federal Office of Missing Persons, headed by a senior official,
tasked with determining the status of all missing persons in Iraq.
iv. Pending the establishment of such an office, ensuring mechanisms are in place to
ensure family members are informed about the measures taken within the
investigation to establish the fate and whereabouts of their relatives, to identify
the remains and to return them to the family.
b. Given what these mass grave sites represent, once investigations are complete, consider the
creation of a public historical record of what occurred, when and, where feasible, naming the
victims. These could take the form of memorials at the actual sites of mass graves.
c. Strengthen the legal and institutional framework for reparations for victims, their relatives
and loved ones.
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d. Establish, by law, a central body for all work related to missing persons to provide a more
efficient and less bureaucratic process for victims’ families.
e. Establish transitional justice processes in consultation with civil society, groups representing
victims, and reflecting Iraq’s diverse religious and ethnic groups.
f. In order to meaningfully implement all the above recommendations on victim‐centered
justice, invite the United Nations Special Rapporteur on the promotion of truth, justice,
reparation and guarantees of non‐recurrence to Iraq to provide advice on developing a
comprehensive approach.
UNAMI/OHCHR recommends that the international community:
Provide capacity‐building and technical support
a. Support Iraqi efforts related to the exhumation, collection, transportation, storage and return
of human remains to their families as well as their identification.
This requires:
i. Provision of resources to the Mass Graves Directorate to enable it to efficiently
carry out its work in accordance with international standards and best practices.
ii. Support for public awareness and education campaigns on the process and action
required to determine the fate and whereabouts of missing persons.
iii. Support to strengthen the capacities of all officials involved in determining the
fate of missing persons, including staff of the Mass Graves Directorate, in
accordance with international best practices.
iv. Technical support to develop:
an efficient centralized information portal to analyze and safeguard all
available data and information within a secured and searchable platform.
a public, centralized registry of missing persons that family and
community members can both contribute to and refer to for information.
b. Support Iraq to establish a comprehensive transitional justice process that is accepted by, and
established in consultation with, Iraqis, particularly those from affected communities,
including through sharing best practices from other countries.
c. Ensure the provision of appropriate legal assistance and technical capacity‐building support
to relevant State institutions in order to strengthen Iraqi courts and the judicial system for the
investigation of the mass grave sites and prosecutions that are in accordance with
international due process standards.